Jointly Developed Technology. The allocation of Intellectual Property Rights in any Technology that is jointly developed by the Parties shall be determined by mutual agreement allocating ownership and related rights and obligations with respect to such Technology on a case-by-case basis in accordance with the principles of Section 5.6.
Jointly Developed Technology. Each Jointly Developed Technology, and all Intellectual Property Rights therein, shall be jointly owned by the applicable Contributing Parties. Responsibility for the prosecution and maintenance of the Jointly Developed Technology shall be determined by the Contributing Parties prior to commencement of development. Costs associated with such prosecution and maintenance shall be shared equally by the Contributing Parties. Decisions regarding litigation and related actions against Third Party infringers of the Jointly Developed Technology shall be made by the Contributing Party(ies). Any and all rights with respect to the ownership, pricing and exploitation of Jointly Developed Technology shall be reserved solely to Contributing Parties.
Jointly Developed Technology. It is the intent of the parties that no ---------------------------- intellectual property in respect of technology (as distinct from Content as provided in the following paragraph) of any kind or nature be created and owned by them jointly. However, to the extent that their joint activities result in technology or related intellectual property that is deemed under applicable laws to be jointly developed and jointly owned by them, the parties will affirm such ownership in writing. The parties will cooperate, as either of them may reasonably request, in the protection of any such jointly owned intellectual property, by registration, prosecution and otherwise. However, neither party will be required to be a named plaintiff or to expend money in connection with such protection. If such a protection action for which the parties may be joint plaintiffs or applicants or any related joint and equal expenditure of money is proposed by one party, and the other party refuses to expend such money or be a joint plaintiff, and if the proposing party proceeds with any such protection action as plaintiff or bearing all such expense, then such party may retain all commercial and other rights specifically arising or maintained as a result of the action, including but not limited to any right to receive and retain any damages awarded or agreed. Neither party shall use or authorize any third parties to use any jointly owned technology or related intellectual property in connection with the publication or distribution of Content in the Health Subject Areas other than Content distributed pursuant to this Agreement. Notwithstanding the provisions of this section 5.2, a party may propose and the parties may mutually agree to other arrangements concerning cooperative efforts in developing and owning technology.
Jointly Developed Technology. The term "Jointly Developed Technology" shall mean any information, process, technology and materials included within the scope of the Research Program which are developed by both Scripps and Optionee during the term of this Agreement as a result of the Research Program and which, under principles arising under the patent laws of the United States of America, would be found jointly owned by both Scripps and Optionee thereunder.
Jointly Developed Technology. Promptly upon receipt of any Infringement Notice relating to Infringement of Jointly Developed Technology, the Committee shall meet to determine appropriate action to take with respect to such Infringement (the "Committee's Determination"), including (i) whether the parties should prosecute such Infringement jointly, whether either party should prosecute such Infringement independently, or whether no action should be taken by the parties with respect to such Infringement, (ii) in the event that the Committee determines to prosecute such Infringement jointly, the party or parties to have primary responsibility therefor (the "Responsible Party(ies)"), (iii) allocation between the parties of expenses to be incurred with respect to the prosecution of such Infringement, (iv) allocation between the parties of any damages recovered in respect of such Infringement, and (v) any other matter deemed relevant by the Committee in respect of such Infringement. With respect to any joint prosecution, the Responsible Party(ies) shall take such action, as deemed appropriate, whether by action, suit, proceeding or otherwise, in accordance with the Committee's Determination to prevent or eliminate the Infringement and to collect damages with respect thereto. Except as set forth below, all costs and expenses incurred by any party in connection with the Infringement shall be borne by the parties in accordance with the Committee's Determination. Except as set forth below, damages recovered by any party in such action, suit or proceeding in connection with such Infringement shall be apportioned between the parties in accordance with the Committee's Determination. In the event that the Committee is unable to make a determination mutually acceptable to the parties as to how to proceed with respect to such Infringement, either party shall be entitled to prosecute such Infringement in its own name and on its own behalf, in which case such party shall bear all costs and expenses incurred by it
Jointly Developed Technology. (a) Jointly Developed Technology shall be jointly and equally owned by Spansion and SMIC in undivided half interests. Ownership of the Jointly Developed Technology shall not imply any rights to any Intellectual Property Rights of the other party, including without limitation any Spansion Technology or any SMIC Technology, which may be necessary to practice or utilize the Jointly Developed Technology, unless expressly provided under this Agreement or in a Process Supplement or a Product Supplement.
(b) Subject to paragraph (a) above, each party will have the right to practice or utilize any and all of the Jointly Developed Technology without any obligation to account to the other party or obtain the other party’s consent, subject to any Intellectual Property Rights of the other party and other terms and conditions provided in this Agreement or in any applicable Process Supplement or Product Supplement; provided that (i) neither party shall assign or transfer title to any Jointly Developed Technology without the prior written consent of the other party, which the other party may withhold in its sole discretion, and (ii) neither party shall license or provide any Jointly Developed Technology to any competitor of the other party or any infringer or potential infringer which the other party is pursuing or plans to pursue without the prior written consent of the other party, which the other party may withhold in its sole discretion.
Jointly Developed Technology. All inventions, know-how, trade secrets, data or information which result from joint development by the Parties (“Jointly Developed Technology”) shall be jointly owned by the Parties and shall be subject to separate joint development agreements negotiated by the Parties. The Parties hereby agree to cooperate in good faith in the filing of any and all patent applications in all jurisdictions.
Jointly Developed Technology. (a) The Parties shall not be obligated to jointly develop any Intellectual Property in connection with the Program. If the Parties, in their sole discretion, determine to jointly develop technology, the Parties shall enter into a written agreement confirming the scope of such joint development efforts and the respective rights of the Parties in any jointly developed Intellectual Property, including without limitation, any ideas, technology, designs, know-how, or processes.
(b) No Party shall file or attempt to file any application for a patent, or register or attempt to register any xxxx or copyright, or claim any proprietary right or interest in any jointly developed Intellectual Property, without the prior written approval of the all Parties involved in such joint development. For purposes of this Section 12.3, Intellectual Property shall not be considered jointly developed unless all of the Parties that are involved in such joint development expressly agree in advance in writing that Intellectual Property will be jointly developed by them and the respective rights of the Parties in such jointly developed Intellectual Property.
Jointly Developed Technology. The Parties acknowledge and agree that as of the Termination Effective Date, the Jointly Developed Technology includes, and is limited to, the technology set forth in Schedule A attached hereto with all rights of ownership and use (including all Intellectual Property Rights related thereto) as set forth in Section 7.5 thereof, which, shall survive termination of the TDA. The Parties acknowledge and agree that within thirty (30) days of the Termination Effective Date, each Party shall, for each disparate item of technology set forth on Schedule A, complete performance of any required action of such Party set forth on Schedule A for such item of technology.
Jointly Developed Technology a. The Parties are not obligated to jointly develop any Technology in connection with or in relation to this Agreement. If the Parties, in their sole respective discretion, determine to jointly develop any Technology, the Parties will first enter into a separate and binding written agreement confirming the scope of such joint development efforts and the respective rights of the Parties in any jointly developed Technology, including ownership of the Intellectual Property Rights in (and, if applicable, any Marks for) any such jointly developed Technology.
b. No Party may file or attempt to file any application for a patent design, utility model, or anything similar to the foregoing, or register or attempt to register any Mark or copyrightable work for any jointly developed Technology, without the prior written approval of all parties involved in such joint development.
